Free Motion for Extension of Time to File Response/Reply - District Court of Federal Claims - federal

Case 1:01-cv-00047-EGB

Document 181

Filed 05/21/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ) ) Plaintiffs, ) ) v. ) ) UNITED STATES, ) ) Defendant. ) ____________________________________) JOSE L. ACEBAL, et al.,

Case No. 01-47C Judge Bruggink

PLAINTIFFS' CONSENT MOTION FOR EXTENSION OF TIME TO FILE THEIR REPLY TO DEFENDANT'S OPPOSITION TO PLAINTIFF LINDSEY BLEDSOE'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND THEIR OPPOSITION TO DEFENDANT'S CROSS-MOTION FOR SUMMARY JUDGMENT Plaintiffs, by their undersigned counsel and with the consent of Defendant, respectfully request that the Court enlarge their time from May 21, 2007, to and including May 25, 2007, to file their Reply to Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment, and in support of this motion state: 1. Several times the Court extended defendant's time to file its Cross-Motion for

Summary Judgment, and on April 4, 2007, defendant filed that Cross-Motion. 2. Plaintiff's Reply to Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion

for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment was originally due to be filed on or before May 7, 2007. 3. On May 8, 2007, the Court granted a consent motion to extend from May 7 to and

including May 21, 2007, plaintiffs' time to file their Reply to Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment.

Case 1:01-cv-00047-EGB

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4.

Plaintiff's counsel is unable to complete that brief in time to be filed on May 21,

2007, for the following reasons: Defendant's appendix is huge, encompassing some 1,731 pages. Plaintiff's counsel has been deluged with other litigation, including, inter alia, the following: preparing for and participating in mediation in Crabill v. Lockheed Martin Corporation, 8:07-CV-353-PJM (D. Md.), which lasted virtually all day on May 9, 2007; submitting Appellant's Responses to Acknowledgment Orders in Glenn v. Dept. of Treasury, MSPB DC-1221-07-0590-W-1, and Glenn v. Dept. of Treasury, MSPB DC-1221-07-0592-W-1, which were filed on May 14, 2007; preparing discovery requests in the Glenn cases, which are due to be served by May 29; preparing an opposition to a removal proposal for a D.C. Government employee, which was filed on May 14, 2007; preparing the complainant's discovery responses in Bruce v. Johanns, Secretary, EEOC Case No. 530-2006-00190X, which were served on May 18, 2007; preparing an opposition to a removal proposal for an employee of the Department of the Interior, which is due to be filed by May 23, 2007; preparing an opposition to a motion for summary judgment in McFarlane v. New Leaders for New Schools, C.A. No. 040008506 (D.C. Super. Ct.), which is currently due to be filed by May 29, 2007; and preparing the joint appendix in Carlsen v. United States, Case No. 2007-5011 (Fed. Cir.), which is due to be filed in June 2007. 5. 6. motion. WHEREFORE, Plaintiffs respectfully requests that the Court grant them four additional days, from May 21, 2007, to and including May 25, 2007, in which to file their Reply to This is plaintiff's second motion for an extension of time for this purpose. Defendant's counsel states that she has no objection to the Court's granting this

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Defendant's Opposition to Plaintiff Lindsey Bledsoe's Motion for Partial Summary Judgment and their Opposition to Defendant's Cross-Motion for Summary Judgment. Respectfully submitted, ________/s/ Alan Banov_____________ ALAN BANOV Alan Banov & Associates 1819 L Street, N.W. Suite 700 Washington, D.C. 20036-3830 (202) 822-9699 Fax: (202) 842-9331 [email protected] Attorney for Plaintiffs